Three people died in the partial collapse of the building at 324 N. Main Street on May 28. A person lost a leg and many people lost their homes and property.
There are seven lawsuits pending in Scott County related to the collapse, including one filed by Quanishia White-Cotton Berry and Lexus Berry. Quanishia Berry, who was killed due to the collapse, lost her leg.
Motion to Dismiss by Parkwild Properties and Waukee Investments
Waukee and Parkwild argued the court should dismiss the allegations against them because they did not own the building when the wall collapsed, Lawson's ruling states said. They argued they did not have the power to control the property.
He wrote in his ruling that the Plaintiffs argued that either Wold knew of the building's condition and did nothing or Waukee and Parkwild concealed the building's condition from the new owner.
Accusing responsible infliction of emotional distress.
Lexus Berry accused the defendants of negligently causing her emotional distress because of the collapse, and many of the defendants wanted the claim rejected, Lawson wrote.
The criteria for making such a claim include the bystander being near the accident and that emotional distress resulted from directly observing the accident, Lawson wrote.
Lawson wrote that the allegation also incorporated narrative provided earlier in the suit. The story depicts the couple being together in their apartment when the west wall collapsed, taking Quanishia Berry and much of the couple's home to the ground.